How F-1 Students Can Get a Green Card Through the EB-5 Program

If you are an international student in the U.S. on an F-1 visa, then you know the uncertainty that comes after graduation or when your visa runs out. You must either leave the country, continue your studies, or find a way to change your immigration status.

One way to gain more control over your future in the U.S. is by exploring the EB-5 Immigrant Investor Program. This program lets you move from temporary status to permanent residency by investing in the U.S. economy.

This article explains how F-1 students can use the EB-5 program to adjust their immigration status and stay in the country legally.

What Is the EB-5 Visa Program?

The EB-5 Immigrant Investor Program is a U.S. government program that allows foreign nationals to apply for a Green Card by making a qualifying investment in a U.S. business. The program started in 1990 and aims to boost the U.S. economy through job creation and investment. To qualify, you must invest at least $800,000 in a targeted employment area (TEA) project or $1,050,000 in a non-TEA project.

Once you apply and meet the program requirements, the U.S. government can grant you a conditional Green Card that is valid for two years. After that, you must show that your investment created the required jobs to remove the conditions to get a permanent Green Card.

Key Benefits for F-1 Students Using EB-5

The F-1 visa does not offer a clear path to a Green Card. It has time limits, requires you to keep full-time study, and offers only short work options like OPT. With the EB-5 program, all these become a thing of the past. Below is a closer look at the advantages of using the EB-5 route as an F-1 student visa holder.

1. Adjust Status From Within the U.S.

If you are already in the U.S. on an F-1 visa, you can continue living in the U.S. legally while your Green Card application is processed. You can apply for adjustment of status by filing Form I-485 once your EB-5 petition is filed and your visa category is current. There is no need to go back to your home country for consular processing, which can cause delays or uncertainty.

2. No Employer Sponsorship Required

Unlike the H-1B or employment-based Green Card options, the EB-5 visa does not depend on employer sponsorship. Therefore, you do not need a job offer, work authorization, or company sponsorship. As long as you make a qualifying investment and meet the program’s requirements, you have full control over your future.

3. No Lottery System Like H-1B

Every year, thousands of students apply for the H-1B work visa, but the program is limited because only a set number of H-1B visas are available each year. As such, applicants must go through a lottery system, and many do not get selected. However, with EB-5, you are not depending on luck and can plan with more certainty.

4. Faster Path to Green Card

If your EB-5 visa category is current on the Visa Bulletin, you can receive a Green Card in as little as 12 months. You can also qualify for priority processing by investing in rural TEA projects.

5. Work and Travel Flexibility

While you file Form I-485, you can apply for Form I-765 (employment authorization) and Form I-131 (advance parole for travel). These documents allow you to live, work, and travel freely in the U.S. while your Green Card is being processed. This way, you do not have to rely on the limited rules of your F-1 visa or OPT to stay in legal status.

6. Direct Path to U.S. Citizenship

Once you receive your conditional Green Card through EB-5, you become a lawful permanent resident. Then, after five years of holding this status, you can apply for U.S. citizenship by naturalization.

Transitioning From F-1 to EB-5 Visa: Step-by-Step Process

If you’re an F-1 student thinking about the EB-5 visa, it is important to understand the steps involved. Here is a summary of how it works:

• Confirm investment funds: Ensure you have access to the required investment amount. The money can come from your own savings, a gift from your family, or any legal source of income. Also, you must show the source of funds with full documentation.
• Choose a project: Most F-1 students invest under the EB-5 program through regional centers. These are approved organizations that manage EB-5 projects and handle job creation, reporting, and compliance. Generally, you should pick a project that has a good track record and is located in a TEA to qualify for a lower investment amount.
• File Form I-526E: Once you invest, your immigration attorney will file Form I-526E, which tells USCIS that you have met all EB-5 program rules. After filing this petition, you will get a priority date. This date helps decide when you can move to the next step, depending on visa availability for your country.
• File Form I-485: If your visa category is current, you can file Form I-485 to register for permanent residence or adjust status. You may even be able to file this at the same time as your I-526E. This is called concurrent filing, and it is allowed for people already in the U.S. on a valid status, like an F-1.
• Apply for work and travel permits: When you file Form I-485, you can also apply for Form I-765 and Form I-131. You will likely receive these permits in 3 to 6 months, and they help you avoid problems with your F-1 status if your OPT expires.
• Receive a conditional Green Card: Once your I-526E and I-485 are both approved, USCIS will issue a conditional Green Card. It gives you a lawful permanent resident status with full rights to live, work, and study in the U.S.
• File Form I-829: Finally, you will file Form I-829 within the 90-day window before your conditional Green Card expires to remove the conditions on it. If approved, you will receive a full, unconditional permanent resident status.

Secure Your Future in the U.S. With the EB-5 Visa

If you’re an F-1 student planning to remain in the U.S. after graduation, the EB-5 program could be your most direct route to permanent residency and eventually citizenship. Unlike other visa options, EB-5 gives you more control over your immigration journey by removing the uncertainty of employer sponsorships and lottery systems.

The key is choosing the right investment and filing strategy to fit your timeline and goals. That’s where EB5AN can help. With more than 2,700 families guided successfully through the EB-5 process, including international students like yourself, our team is ready to assist you every step of the way.

Schedule a free consultation with an EB5AN expert today and begin your journey to permanent residency.